Conditional License. It is the intention of this Agreement that (i) Encode shall have the exclusive right, utilizing the Program Intellectual Property (but not the Existing Affymetrix Intellectual Property), to commercialize any and all Collaboration Products that result from each Research Program with respect to a Drug, and (ii) Affymetrix shall have the right of first negotiation to utilize the Program Intellectual Property (but not the Existing Encode Intellectual Property) to provide Probe Array Type Products to be used in, with or as part of such Collaboration Products. In furtherance of Encode's right to commercialize Collaboration Products, Affymetrix hereby grants to Encode a worldwide exclusive license (with the right to grant sublicenses in accordance with Section 7.3) to exploit the Program Intellectual Property (but not the Existing Affymetrix Intellectual Property) to develop, use, make, have made, import, register, market, distribute and sell, directly or indirectly, the Collaboration Products throughout the Territory ("Rights To Commercialize"). In furtherance of Affymetrix's right of first negotiation, Encode hereby grants to Affymetrix a conditional exclusive license (such license shall be conditional and granted only upon the execution and delivery by the Parties of a Commercialization Agreement as set forth in subsections (b) and (c) below) to utilize the Program Intellectual Property (but not the Existing Encode Intellectual Property) related to such Collaboration Product solely for the purpose of developing, testing, making, having made and supplying Probe Array Type Products to Encode as part of Encode's commercialization of such Collaboration Products.
Conditional License. If the Company is unable to achieve sales of the Purchase Assets at a reasonable commercial level within the earlier of (1) one year from the date the Purchased Assets are developed by the Seller and made ready for commercial sales (2) the Company fails to make payment of the Monthly Fee for three consecutive months, and (3) the date on which the Company terminates the services of the Seller then the Company will grant the Seller an unrestricted license to use and modify the Purchased Assets, subject to the parties entering into a license agreement pursuant to terms and conditions to be negotiated in good faith and agreed upon by the parties.
Conditional License. For the purposes of and subject to the terms set forth herein, this Section 8.1 is an absolute, unconditional and presently effective assignment from Borrower to Lender of all of Borrower’s rights under, in and to the Other Assigned Collateral. Notwithstanding the foregoing, prior to any Event of Default, Borrower shall, subject to the terms and conditions of this Assignment, have the sole right to use, employ and enforce its rights under the Other Assigned Collateral.
Conditional License. Subject to Customer’s compliance with these Terms, including payment of all applicable fees, and any other conditions under these Terms, Company agrees to provide Customer with access to and use of the Service during the Term (as defined below). Customer shall provide Company with such assistance and information, as shall be reasonably required for the provision of the Service.
Conditional License
